Can I amend my claim amount after filing a labor case?

Greetings,

1. Filing a labor case in the UAE involves the following steps:

- Register the Complaint:

File a complaint with the Ministry of Human Resources & Emiratisation (MOHRE) or the relevant free zone authority.

- Mediation Process:

MOHRE will attempt to resolve the dispute amicably.

- Referral to Court:

If no settlement is reached, the case is referred to Dubai Courts or the relevant labor court.

2. Fees & Amendments:

MOHRE filing is free, but court fees may apply if the claim exceeds AED 100,000.

If additional dues arise after filing, the claim can be amended before judgment by submitting updated calculations.

For expert legal guidance and case management, book a consultation or authorize us to represent you.

Dear Questioner,

Thank you for your inquiry!

Please find below the process for filing a labor case in the UAE, including the relevant fees and how to amend the claim amount if necessary:

1. Process of Filing a Labor Case:

Step 1: Attempt Mediation:

Before proceeding to court, you must first file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE). The Ministry will attempt to mediate the dispute between you and your employer. This step is mandatory.

Step 2: Referral to Court:

If mediation fails, the MOHRE will issue a conciliation certificate, and you may proceed to file the case in the Labor Court. The certificate is essential for taking legal action in court.

Step 3: Filing the Case in Court:

You will need to submit the following documents:

- Your employment contract (or proof of employment).

- Any pay slips or documents evidencing unpaid dues (such as salary, overtime, or end-of-service benefits).

- The conciliation certificate from the MOHRE.

Step 4: Court Proceedings:

The court will review the case and schedule hearings where both parties can present their evidence. The court will then issue a ruling based on the evidence presented.

2. Is There a Fee to File the Case?

Yes, there is a filing fee to submit the case to the Labor Court. The fee generally depends on the nature of the claim and the amount involved. The fee structure can vary, so I recommend checking with the court or the Ministry of Human Resources for specific details based on your case.

3. Amending the Claim Amount:

If, after filing the claim, you realize there are additional unpaid dues, such as unpaid salary or end-of-service benefits, you may amend the claim.

You will need to file an amendment with the court to reflect the new amount, supported by additional evidence (e.g., new payslips, documentation showing the unpaid dues). The court will then assess and update the claim accordingly.

Please feel free to contact me if you need assistance with preparing your documents, filing the case, or any other legal matters related to this issue.

Best regards,

Mohammed Salah

Legal Consultant

Dear questioner,

You can file through MOHRE's toll-free number, and if you want to amend the claim, you may need to check with MOHRE.

Generally, it is not possible; however, you can verify with them. If you need more clarification, kindly share your WhatsApp number.

How much is the claim amount?

If below 100K, there are no court charges.

- Register the complaint with MOHRE.

If the settlement fails, MOHRE will transfer the case to court.

- Notify the opponents.

- The initial department for verification will review the claim.

- If the claim is accepted, it will be transferred to the actual court.

- The case will be reviewed before the court, allowing parties to submit their memos, supporting documents, and defend their positions.

- Judgment will be released.

- File for execution.

- Collect the due amount.

Dear Valued Client,

Thank you for your inquiry regarding the process of filing a labor case in the UAE. I'm pleased to provide you with the following information:

1. Filing Process:

a) Submit a complaint to the Ministry of Human Resources and Emiratisation (MOHRE) via their call center, WhatsApp service, or mobile app.

b) MOHRE will attempt to mediate the dispute within 14 working days.

c) If unresolved, MOHRE will refer the case to the labor court.

d) The labor court must schedule a hearing within 3 working days of receiving the case.

2. Associated Fees:

- For claims under AED 50,000, MOHRE can issue a final decision without court fees.

- For claims exceeding AED 50,000:

Employers typically pay 5% of the claimed amount (minimum AED 500, maximum AED 20,000).

Employees generally do not incur initial costs but may be liable for 5% if their claim exceeds the standard amount.

3. Amending Claim Amount:

If additional unpaid dues arise after filing:

a) You may amend your claim during court proceedings by submitting updated documentation and evidence.

b) The court will consider the revised claim amount in its decision.

c) Be aware that increasing the claim amount may affect fees and potentially the court's jurisdiction.

It is strongly recommended to consult with us to ensure your claim is accurately represented and properly updated throughout the process.

If you require any further clarification or assistance, please don't hesitate to contact us.

Best regards,

Less than 100 thousand dirhams, no fees.